2 Commencement

(1) Subject to this section, this Act commences on the day on
which it receives the Royal Assent.

(2) Items 5 to 28 of Schedule 1 do not commence if
Schedule 1 to the Migration Legislation Amendment (Judicial
Review) Act 2001 commences on or before the day on which this
Act receives the Royal Assent.

(3) Items 26 and 27 of Schedule 1 do not commence
if Part 1 of Schedule 1 to the Migration Legislation
Amendment Act (No. 1) 2001 commences on or before the day
on which this Act receives the Royal Assent.

(4) Schedule 3 commences immediately after the later of
the following:

(5) Items 1, 2, 3 and 9 of Schedule 4 do not
commence if Schedule 1 to the Migration Legislation
Amendment (Judicial Review) Act 2001 commences on or before the
day on which this Act receives the Royal Assent.

(6) Subject to subsection (5), items 1, 2, 3 and 9
of Schedule 4 commence immediately after the later of the
following:

(a) the commencement of section 1;

(b) the commencement of Part 1 of Schedule 1 to the
Migration Legislation Amendment Act (No. 1) 2001 .

(7) Items 4, 5, 6, 7, 8 and 10 of Schedule 4
commence immediately after the later of the following:

(a) the commencement of section 1;

(b) the commencement of Part 2 of Schedule 1 to the
Migration Legislation Amendment Act (No. 1) 2001 .

(8) Schedule 5 commences immediately after the later of
the following:

(a) the commencement of section 1;

(b) the commencement of Part 1 of Schedule 1 to the
Migration Legislation Amendment Act (No. 6) 2001 .

After “ 1903 ”, insert “or
section 39 of the Federal Magistrates Act 1999 , or the
jurisdiction of the Federal Magistrates Court under
section 483A of this Act, section 44 of the Judiciary
Act 1903 or section 32AB of the Federal Court of
Australia Act 1976 ,”.

2 Paragraph 475A(b)

Omit “Court’s”, substitute
“court’s”.

Note: The
heading to section 475A is altered by inserting “ or
Federal Magistrates Court ” after
“ Court ”.

(1A)
An application to the Federal Magistrates Court under
section 483A for:

(a) a writ of mandamus, prohibition or certiorari; or

(b) an injunction or a declaration;

in respect of a privative clause decision in
relation to which the jurisdiction of the Federal Magistrates Court
is not excluded by section 476 must be made to the Federal
Magistrates Court within 28 days of the notification of the
decision.

483A Jurisdiction of the
Federal Magistrates Court

Subject to this Act and despite any other law, the Federal
Magistrates Court has the same jurisdiction as the Federal Court in
relation to a matter arising under this Act.

17 Subsection 484(1)

Repeal the subsection, substitute:

(1) The jurisdiction of the Federal Court and the Federal
Magistrates Court in relation to privative clause decisions is
exclusive of the jurisdiction of all other courts, other than the
jurisdiction of the High Court under section 75 of the
Constitution.

Note: The
heading to section 484 is altered by inserting “ and
Federal Magistrates Court ” after
“ Court ”.

Part 2 — Application of amendments

18 Application of amendments

The amendments of the Migration Act 1958
made by this Schedule apply in relation to applications made under
section 477 of that Act after the commencement of this
item.

(3A)
This section applies to proceedings in the Federal Magistrates
Court’s jurisdiction under Part 8 of this Act,
section 44 of the Judiciary Act 1903 , section 32AB
of the Federal Court of Australia Act 1976 or any other
law.

Part 2 — Application of amendments

9 Application of amendments made by
items 1, 2 and 3

The amendments of the Migration Act 1958
made by items 1, 2 and 3 of this Schedule apply in relation to
proceedings instituted after the commencement of this item.

10 Application of amendments made by
items 4, 5, 6, 7 and 8

The amendments of the Migration Act 1958
made by items 4, 5, 6, 7 and 8 of this Schedule apply in
relation to proceedings instituted after the commencement of this
item.